NELSONVILLE, Ohio — Parties reached a tentative settlement agreement in a lawsuit over the 2018 death of Southeast Ohio Regional Jail pretrial detainee Jennifer Ohlinger.
Ohlinger died after she suffered seizures at SEORJ on June 25, 2018. James Gray, an SEORJ nurse and medical supervisor, assessed Ohlinger multiple times that day. He responded to reports of “seizure-like activity” by ordering a blood draw and giving her an ibuprofen, rather than sending Ohlinger to the hospital, according to court documents.
Aaron Michael Glasgow, Gray’s attorney, said the settlement agreement must still be approved by a probate court. Glasgow declined to share the settlement amount, although the Logan Daily News reported the amount was $900,000.
“This case has been going on for a long time, and I think it brings closure to all the parties involved — closure and finality, which everybody, I think, is relieved to have,” Glasgow said.
The settlement agreement will not include an admission that Gray is liable for Ohlinger’s death, Glasgow said.
Kelsea Mercer, Ohlinger’s daughter, filed the lawsuit against SEORJ, several southeast Ohio counties, Gray and two other jail employees in 2020. Gray is the only remaining defendant in the case, heard in the U.S. District Court Southern District of Ohio Eastern Division.
In June, the Sixth Circuit Court of Appeals partially reversed a previous decision by the district court to grant summary judgment in favor of SEORJ and all of its employees, including Gray. The appellate panel determined a reasonable jury could find Gray liable.
The appellate panel decision stated, “Mercer presented evidence that Nurse Gray knew that: Ohlinger was unsteady on her feet; she had fallen and hit her head on the floor; she had suffered seizures; she had lost consciousness; she had a headache; and she had urinated on herself. This, in addition to Nurse Gray’s failure to call a doctor or take Ohlinger to the hospital as required by SEORJ guidelines and policies when an inmate experiences a loss of consciousness” could lead a jury to find Gray liable, the court found.
SEORJ had argued in legal filings that Gray and the correctional officers had acted appropriately in their response to Ohlinger’s condition.
According to court records, Gray was indicted in June 2019 for stealing medication from SEORJ. In a plea bargain, he pled guilty to a charge of possessing criminal tools and entered a county diversion program and paid $700 in fees.
Charlie Adkins, county commissioner and SEORJ corrections commission member, previously told the Independent that Gray no longer works for SEORJ.
Mercer’s attorney did not return multiple requests for comment for this story. SEORJ Warden Josh VanBibber also did not respond to a request for comment.
